National measures relating to the Unitary Patent, III. Simultaneous Protection, Germany
III. Simultaneous Protection
| Participating Member State | Germany |
|---|---|
1Simultaneous protection possible between a Unitary Patent and a national patent |
Yes |
2Simultaneous protection possible between a classic European patent and a national Patent |
Yes (if EP is not opted out) No, if EP is opted out |
3Description |
Simultaneous protection by a national patent and a European one, with or without unitary effect, will be possible under the accompanying law. Firstly, Article II.8 LIPT hitherto prohibiting simultaneous protection by national and European patents will not apply to European patents with unitary effect (new Article II.15(1) LIPT as per the accompanying law). Secondly, the existing prohibition under Article II.8 LIPT will in future apply only to European patents which do not fall under the UPC's exclusive jurisdiction because the proprietor has opted out under Article 83(3) UPC Agreement. To make up for this, the new Article II.18 LIPT as per the accompanying law will offer defendants a protection mechanism, namely a "double jeopardy" defense which they can plead before national courts to ensure that they cannot be sued there as well as before the UPC. |